Consumer Rights Act 2022

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Reference

(1)

Regnal Year and Number or Number and Year

(2)

Short title

(3)

Extent of Amendment

(4)

1.

1893 (56 & 57 Vict., c.71)

Sale of Goods Act, 1893

Section 1 is amended by the insertion of the following subsection after subsection (4):

“(5) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 3 becomes subsection (1) of that section and is amended by the insertion of the following subsection after subsection (1):

“(2) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 11 is amended by the insertion of the following subsection after subsection (4):

“(5) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 12 is amended by the insertion of the following subsection after subsection (2):

“(3) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 13 is amended by the insertion of the following subsection after subsection (3):

“(4) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 14 is amended by the insertion of the following subsection after subsection (6):

“(7) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 15 is amended by the insertion of the following subsection after subsection (2):

“(3) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 20 is amended by—

(a) the insertion of the following subsection after subsection (2):

“(2A) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”,

and

(b) the deletion of subsections (3) to (7).

Section 29 is amended by—

(a) the deletion of subsections (2A) to (2F), and

(b) the insertion of the following subsection after subsection (5):

“(6) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 30 is amended by the insertion of the following subsection after subsection (4):

“(5) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 31 is amended by the insertion of the following subsection after subsection (2):

“(3) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 32 is amended by—

(a) the insertion of the following subsection after subsection (3):

“(3A) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”,

and

(b) the deletion of subsection (4).

Section 35 becomes subsection (1) of that section and is amended by the insertion of the following subsection after subsection (1):

“(2) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 53 is amended—

(a) in subsection (1), by the deletion of “Subject to subsection (2),”,

(b) by the deletion of subsections (2) and (3), and

(c) by the insertion of the following subsection after subsection (6):

“(7) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 55 is amended by the insertion of the following subsection after subsection (8):

“(9) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 61 is amended by the insertion of the following subsection after subsection (6):

“(7) Subsection (6) shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

2.

No. 16 of 1980

Sale of Goods and Supply of Services Act 1980

Section 11 is amended by the insertion of the following subsection after subsection (4):

“(5) This section shall not apply to a contract to which Parts 2 to 4 of the Consumer Rights Act 2022 applies.”.

Section 12 is amended by the insertion of the following subsection after subsection (3):

“(4) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 13 is amended by the insertion of the following subsection after subsection (9):

“(10) This section shall not apply to a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

Section 15 becomes subsection (1) of that section and is amended by the insertion of the following subsection after subsection (1):

“(2) In subsection (1), “goods” does not include goods supplied under a contract to which Part 2 of the Consumer Rights Act 2022 applies.”.

The following section is inserted before section 39 (and after the Part number and title for Part 4):

“38A. This Part shall not apply to a contract to which Part 4 of the Consumer Rights Act 2022 applies.”.

Section 47 is amended by the insertion of the following subsection after subsection (5):

“(5A) This section shall not apply in any case where section 125 of the Consumer Rights Act 2022 applies.”.

Reference

(1)

Number and Year

(2)

Short title

(3)

Extent of Amendment

(4)

1.

S.I. No. 14 of 2020

European Union (Cooperation Between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2020

Regulation 7 is amended—

(a) in paragraph (3), by the deletion of subparagraphs (a), (b), (d) and (i), and

(b) by the insertion of the following paragraph after paragraph (3):

“(4) For the purposes of paragraph (2) and Regulation 8(3), a “national measure” means the following:

(a) Chapters 1 to 4 of Part 3 and section 79 of the Act of 2007;

(b) Parts 5 and 6 of the Consumer Rights Act 2022.”.

Regulation 8 is amended—

(a) in paragraph (2), by the insertion of “specified in Regulation 7(3)” after “under a national measure”, and

(b) by the insertion of the following paragraphs after paragraph (2):

“(3) Where a person commits an offence under a national measure specified in Regulation 7(4), and the offence concerned also constitutes an offence under Regulation 7(2), the penalty in respect of the second mentioned offence shall be a fine not exceeding 4 per cent of the person’s annual turnover in any Member State concerned.

(4) Where a fine is to be imposed in accordance with paragraph (3) but information on the person’s annual turnover is not available, the person shall be liable to a fine not exceeding €2 million.”.

The following Regulation is inserted after Regulation 8:

“8A. Where a court is determining the sentence to impose on a person convicted of an offence under Regulation 7(2), it shall take account, so far as applicable, of the following indicative and non‑exhaustive criteria:

(a) the nature, gravity, scale and duration of the infringement;

(b) any action taken by the person to mitigate or remedy the damage suffered by consumers;

(c) any previous infringements of Regulation 7(2) by the person;

(d) the financial benefits gained or losses avoided by the person due to the infringement, if the relevant data are available;

(e) any penalties imposed on the person for the same infringement in other Member States in cross‑border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017²¹ on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No. 2006/2004;

(f) any other aggravating or mitigating factors applicable in the circumstances of the case.”.

The Schedule is amended—

(a) in column 3 opposite Reference Number 1, by the substitution of “Part 6 of the Consumer Rights Act 2022” for “European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995)”,

(b) in column 2 opposite Reference Number 3, by the substitution of “Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019²² on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC.” for “Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1995²³ on certain aspects of the sale of consumer goods and associated guarantees.”,

(c) in column 3 opposite Reference Number 3, by the substitution of “Part 2 of the Consumer Rights Act 2022” for “European Communities (Certain Aspects of the Sale of Consumer Goods and Associated Guarantees) Regulations 2003 (S.I. No. 11 of 2003)”,

(d) in column 3 opposite Reference Number 9, by the insertion of the following after Competition and Consumer Protection Act 2014 (No. 29 of 2014)”:

“ Communications Regulation Act 2002

(No. 20 of 2002)

Central Bank Act 1942

(No. 22 of 1942)

Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013)”,

(e) in column 4 opposite Reference Number 9, by the insertion of “Commission for Communications Regulation” after “Commission”, and

(f) in column 3 opposite Reference Number 20, by the substitution of “Part 5 of the Consumer Rights Act 2022” for “European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 ( S.I. No. 484 of 2013 )”.

2.

S.I. No. 555 of 2010

European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010

The Schedule is amended by the substitution of the following paragraph for paragraph 7:

“7. Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019²⁴ on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC”.